martinvisalaw
11-05 08:17 PM
I moved to a new company and yet to receive my I-797 approved from INS. My old company visa is valid till May 2010. If they have not revoked it can i still travel out of country and come back?
You should not return showing just the old visa and approval notice for Company A. That would be misrepresenting to CBP that you were still working for Co. A. You need to show the receipt for Co. B's filing to show that you are working for them using portability (I assume you are)
You should not return showing just the old visa and approval notice for Company A. That would be misrepresenting to CBP that you were still working for Co. A. You need to show the receipt for Co. B's filing to show that you are working for them using portability (I assume you are)
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puvathoor
04-08 03:30 PM
Agree with the post above.. Lots of H1Bs are filed by unscrupulous employers who bring a person on H1B and don't pay them till they get a contract / client to bill the H1B to..
USCIS needs to investigate this.. Time to write to USCIS to be more vigilant in monitoring these firms to ensure real people with real jobs out there can get the H1Bs
USCIS needs to investigate this.. Time to write to USCIS to be more vigilant in monitoring these firms to ensure real people with real jobs out there can get the H1Bs
ssksubash
02-16 11:54 AM
HI,
I recently booked an appointment for visiting visa for my parents through vfs, during the process , I first entered my Dad's details and then his ds 156, then It asked if I wanted to add additional family members, then I entered my Mom's details and her ds 156 . After that it asked for my Mom's ds 157 and never showed my Dad's ds 157.
So the final list of documents it generated was :
Dad's ds 156, Mom's ds 156,157 , interview letter.
Is this correct, does my dad need ds 157 and interview letter or is 1 ds 157 and interview letter enough ?
Thank you for your time.
I recently booked an appointment for visiting visa for my parents through vfs, during the process , I first entered my Dad's details and then his ds 156, then It asked if I wanted to add additional family members, then I entered my Mom's details and her ds 156 . After that it asked for my Mom's ds 157 and never showed my Dad's ds 157.
So the final list of documents it generated was :
Dad's ds 156, Mom's ds 156,157 , interview letter.
Is this correct, does my dad need ds 157 and interview letter or is 1 ds 157 and interview letter enough ?
Thank you for your time.
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Laasya05
12-29 08:38 PM
Sorry I may sound lame but what is the new rule regarding H4 to H1B?
more...
AllIzzWell
03-19 10:09 AM
bb08/jvs,
thank you for your inputs.
I filled the DS160 and took an appointment at US consulate yesterday night with out the photograph. Looks like we can submit the photograph along with the confirmation letter on the day of interview.
I thought we needed to upload the photograph for completing DS160 but that does not seem to be the case. Did any of you experience this?
Thanks
thank you for your inputs.
I filled the DS160 and took an appointment at US consulate yesterday night with out the photograph. Looks like we can submit the photograph along with the confirmation letter on the day of interview.
I thought we needed to upload the photograph for completing DS160 but that does not seem to be the case. Did any of you experience this?
Thanks
lj_rr
07-17 09:26 PM
So how abt I-765 and I-131 forms which will be submitted with 485.
If I submit on August 5th, do I need to pay old fees or new fees for the I-765 and I-131 .
All other forms except i-485 the fee increase will be effective from july 30th and i-485 will get increased post August 17th:)
If I submit on August 5th, do I need to pay old fees or new fees for the I-765 and I-131 .
All other forms except i-485 the fee increase will be effective from july 30th and i-485 will get increased post August 17th:)
more...
billu
05-27 12:52 PM
because i was getting conflicting opinions, i consulted an immigration attorney from a big law firm. here is what he says:
You can start working as soon the new company receives the h1b receipt notice.AC21 portability can be applied to H4 to H1 as well.
Link to AC21 guide:
http : // USCIS Home Page (http://www.uscis.gov) / files / pressrelease / ac21guide.pdf
"D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States; (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition."
Based on above information. I would assume that its safe to start after getting the h1b receipt notice. This is for other people in similar situation so that they get the right info.
You can start working as soon the new company receives the h1b receipt notice.AC21 portability can be applied to H4 to H1 as well.
Link to AC21 guide:
http : // USCIS Home Page (http://www.uscis.gov) / files / pressrelease / ac21guide.pdf
"D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States; (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition."
Based on above information. I would assume that its safe to start after getting the h1b receipt notice. This is for other people in similar situation so that they get the right info.
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nousername
11-03 09:20 PM
WOW, since May 2007.. This is F***E* BS man, sorry to hear about this.
I would suggest switching your application to premium processing. I did that back in 2006 for my 6th year H1 renewal. It might cost additional $$$ but I guess it is well worth it.
Good luck.
My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.
Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.
I would suggest switching your application to premium processing. I did that back in 2006 for my 6th year H1 renewal. It might cost additional $$$ but I guess it is well worth it.
Good luck.
My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.
Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.
more...
morchu
05-15 01:44 AM
Answers:
1. Yes.
2. Yes.
3. No issues. You have approved I140, and using this you can get 3 year extension. But be careful to be discreet about the job change, because by any chance if your current employer revokes the I140, before your extension approval, you will be in trouble. (Because the basis for approval of beyond 7nth year extension is your approved I-140.)
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
1. Yes.
2. Yes.
3. No issues. You have approved I140, and using this you can get 3 year extension. But be careful to be discreet about the job change, because by any chance if your current employer revokes the I140, before your extension approval, you will be in trouble. (Because the basis for approval of beyond 7nth year extension is your approved I-140.)
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
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solaris27
02-29 03:13 PM
If they will find out it can be problem .
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imh1b
05-19 09:37 AM
The design is good. Has the cost of Greencard also gone up for new applicants?
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eb2_immigrant
08-01 05:30 PM
I called USCIS to check the status of my pending I-485,PD-Dec2005. I was told they are processing applications with ND in July . My RD-2 July 2007 ,ND -28 Aug 2007.
Since there was no email or online update about my approved AP,I-131, I asked rep to check the status out of curiosity, I was told that case is still pending and they are processing April 2008 applications.
Here is the weird part; I received my approved AP 4 days back. How did that happen ????:eek::eek::eek: I donno.
I know the online status is out of sync. My questions -Is this something I need worry about and call USICS to let them know that I have already received approved AP. I donno what�s going on with my other applications. Should I just wait to see the results in the mail and not rely on online status??
Gurus and thopes pls help
Since there was no email or online update about my approved AP,I-131, I asked rep to check the status out of curiosity, I was told that case is still pending and they are processing April 2008 applications.
Here is the weird part; I received my approved AP 4 days back. How did that happen ????:eek::eek::eek: I donno.
I know the online status is out of sync. My questions -Is this something I need worry about and call USICS to let them know that I have already received approved AP. I donno what�s going on with my other applications. Should I just wait to see the results in the mail and not rely on online status??
Gurus and thopes pls help
more...
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what_now
06-22 10:50 AM
Nebraska immigration law passes - CNN.com (http://edition.cnn.com/2010/US/06/22/nebraska.immigration/)
(CNN) -- Voters in Fremont, Nebraska passed a much-debated immigration measure Monday that would prohibit businesses and landlords from hiring or renting to illegal immigrants.
The ordinance had divided the community and put the eastern Nebraskan city into national headlines.
A local organization decried the new ordinance on its website.
"It is with great disappointment and sadness that tonight we acknowledge a majority of Fremont voters approving this misguided ordinance," the group called One Fremont-One Future said. "In reality, the passage of this ordinance shows that we have much work to do in our community to educate, break down barriers, and build relationships."
The American Civil Liberties Union has indicated it will file a lawsuit.
Similar measures were passed in Hazelton, Pennsylvania, and Farmers Branch, Texas, but they were later struck down by the courts.
In Hazelton, voters in 2006 approved a measure to enact practically the same law that Fremont has voted to adopt. But in July 2007, a federal judge found that immigration laws should be left solely to the federal government.
In May of 2008, a federal judge ruled the Farmers Branch law, which would bar landlords from renting to illegal immigrants, was unconstitutional.
"Those ordinances did not withstand legal scrutiny. They both failed in the courts when they were challenged," said Laurel Marsh, executive director of Nebraska's ACLU.
The reason according to Marsh: Both laws violated the U.S. Constitution's Supremacy clause and the 14th Amendment.
In addition, she said it's the federal government's responsibility to set immigration policy and "we are not well-served when communities or states try to set policy on their own."
Gregory Minchak of the National League of Cities said that it's the lack of federal immigration policy that is causing these cities to take matters into their own hands.
"Because of the absence of the feds doing anything, there's a lot of financial, cultural, political strains that are occurring [in cities and states]," he said. "They are just starting to act on their own."
(CNN) -- Voters in Fremont, Nebraska passed a much-debated immigration measure Monday that would prohibit businesses and landlords from hiring or renting to illegal immigrants.
The ordinance had divided the community and put the eastern Nebraskan city into national headlines.
A local organization decried the new ordinance on its website.
"It is with great disappointment and sadness that tonight we acknowledge a majority of Fremont voters approving this misguided ordinance," the group called One Fremont-One Future said. "In reality, the passage of this ordinance shows that we have much work to do in our community to educate, break down barriers, and build relationships."
The American Civil Liberties Union has indicated it will file a lawsuit.
Similar measures were passed in Hazelton, Pennsylvania, and Farmers Branch, Texas, but they were later struck down by the courts.
In Hazelton, voters in 2006 approved a measure to enact practically the same law that Fremont has voted to adopt. But in July 2007, a federal judge found that immigration laws should be left solely to the federal government.
In May of 2008, a federal judge ruled the Farmers Branch law, which would bar landlords from renting to illegal immigrants, was unconstitutional.
"Those ordinances did not withstand legal scrutiny. They both failed in the courts when they were challenged," said Laurel Marsh, executive director of Nebraska's ACLU.
The reason according to Marsh: Both laws violated the U.S. Constitution's Supremacy clause and the 14th Amendment.
In addition, she said it's the federal government's responsibility to set immigration policy and "we are not well-served when communities or states try to set policy on their own."
Gregory Minchak of the National League of Cities said that it's the lack of federal immigration policy that is causing these cities to take matters into their own hands.
"Because of the absence of the feds doing anything, there's a lot of financial, cultural, political strains that are occurring [in cities and states]," he said. "They are just starting to act on their own."
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eadguru
10-04 11:34 AM
My self and my wife both are on H1B. Both are working for different companies.
I filled I 485, EAD and AP through my company, for my self and my wife.
Questions:
1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?
2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.
Your help will be really appreciated. :)
EadGuru
I filled I 485, EAD and AP through my company, for my self and my wife.
Questions:
1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?
2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.
Your help will be really appreciated. :)
EadGuru
more...
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ursosweet
07-17 08:21 PM
again with Company B and file a new 140 and then use the PD of previous labor to file the 485 etc etc.
hope this helps
hope this helps
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glus
01-02 10:54 AM
hi:
Always look at last action taken by the USCIS. If USCIS approved your H-1B for employer D, and attached I-94, that means that as long as you are working for employer D at this time and at the time you extend and re-stamp your H-1b visa, there should be no problem. Make sure you take W-2s and Tax returns from previous years you were in H-1B status when you go for a new Visa Stamp.
Glus
Always look at last action taken by the USCIS. If USCIS approved your H-1B for employer D, and attached I-94, that means that as long as you are working for employer D at this time and at the time you extend and re-stamp your H-1b visa, there should be no problem. Make sure you take W-2s and Tax returns from previous years you were in H-1B status when you go for a new Visa Stamp.
Glus
more...
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aries
08-28 01:28 PM
Hello Friends,
My wife is on F1, doing her masters and is done with her course work, just left with one project (2 credits). Her college has the option of getting CPT (curriculum practical training) signed till the time her masters is not complete and then she is allowed to work off campus for 40 hours (full time).
I have also filled for my 485 application, so I was wondering what is her status now after filling for 485 . Also is it fine if she gets her CPT signed now after filing I485. I just want to be sure that getting her CPT signed has no negative impact on our I 485.
Any suggestions or anyone in similar situation
Thanks!
My wife is on F1, doing her masters and is done with her course work, just left with one project (2 credits). Her college has the option of getting CPT (curriculum practical training) signed till the time her masters is not complete and then she is allowed to work off campus for 40 hours (full time).
I have also filled for my 485 application, so I was wondering what is her status now after filling for 485 . Also is it fine if she gets her CPT signed now after filing I485. I just want to be sure that getting her CPT signed has no negative impact on our I 485.
Any suggestions or anyone in similar situation
Thanks!
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snathan
05-13 02:49 PM
Hi, I was hired 6 months ago as an Electrical Engineer and I am now preparing to apply for GC thru company Sponsorship. I have MS + 2 years and the position requires BS+7.
1. Am I qualified for EB2?
2. Which level do I fall under? Do you think the figures at the link below more or less right for privailing wage?
FLCDataCenter.com (http://www.flcdatacenter.com/OesQuickResults.aspx?code=17-2071&area=12100&year=11&source=1)
Thanks
Baris
How come MS + 2 = BS + 7...?
1. Am I qualified for EB2?
2. Which level do I fall under? Do you think the figures at the link below more or less right for privailing wage?
FLCDataCenter.com (http://www.flcdatacenter.com/OesQuickResults.aspx?code=17-2071&area=12100&year=11&source=1)
Thanks
Baris
How come MS + 2 = BS + 7...?
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Pro Engineer
08-05 11:12 AM
Hello all,
i could not get answer for this question. for all ppl filed AOS between 2nd july and 17th august, will they process GC application based on PD or RD ?
Person A : PD august 2005 and I-485 filed on : 15 th july
Person B : PD august 2006 and I-485 filed on : 2 nd july
who will get GC first ? Person A or person B ?
thanks in advance.
i could not get answer for this question. for all ppl filed AOS between 2nd july and 17th august, will they process GC application based on PD or RD ?
Person A : PD august 2005 and I-485 filed on : 15 th july
Person B : PD august 2006 and I-485 filed on : 2 nd july
who will get GC first ? Person A or person B ?
thanks in advance.
gcwaiting17
09-28 01:03 PM
Sent applications to NSC on 6/29 but receipted by CSC on 8/28. Later it was transfered to NSC back. No FP notice yet. But 2 LUDs on I-485, 9/19 and 9/20. EAD and AP are approved from CSC.
__________________
EB2-India
PD: July 2003
I-140 APPROVED: Feb 2007
Service Center: NSC
485/EAD/AP Filed: June 29 2007
Receipt Date:08/28/2007 from CSC
Transferred to NSC
EAD Approved: 09/07/2007 at CSC
AP Approved: 09/13/2007 at CSC
I-485: LUD 09/20/2007
__________________
EB2-India
PD: July 2003
I-140 APPROVED: Feb 2007
Service Center: NSC
485/EAD/AP Filed: June 29 2007
Receipt Date:08/28/2007 from CSC
Transferred to NSC
EAD Approved: 09/07/2007 at CSC
AP Approved: 09/13/2007 at CSC
I-485: LUD 09/20/2007
rosy
10-18 12:17 PM
Hi,
I am on H1B since June 2004. My company filed labor and I-140. My I-140 got approved on Oct 2008. I am on my 6th year in H1B and I got my H1 extension till Apr 2012 (based on the I-140 approval) recently. Based on this information, can you please reply for the following?
a) Can I move to a different company now? Since my H1 extension is based on I-140 approval, I am not sure if this can be used to transfer to new company.
b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?
c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?
Thanks in advance...
I am on H1B since June 2004. My company filed labor and I-140. My I-140 got approved on Oct 2008. I am on my 6th year in H1B and I got my H1 extension till Apr 2012 (based on the I-140 approval) recently. Based on this information, can you please reply for the following?
a) Can I move to a different company now? Since my H1 extension is based on I-140 approval, I am not sure if this can be used to transfer to new company.
b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?
c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?
Thanks in advance...
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